Ihde
Estate of Macias v. Ihde
Opinion
Lead Opinion
Alarcon, J.
Claudia Macias, Juan Macias, Avelino Macias, Jr., Sara Hernandez and the estate of Maria Teresa Macias, (collectively, the “Appellants”) appeal from the dismissal of this civil-rights action following the entry of an order granting summary judgment in favor of the County of Sonoma (“Sonoma County”) and Deputy Mark Lopez of the Sonoma County Sheriffs Department (collectively, the “Appellees”). The Appellants filed this action in the district court pursuant to 42 U.S.C. § 1983 , alleging that the Appellees denied Maria Teresa Macias’s right to equal protection by providing her with inferior police protection on account of her status as a woman, a Latina, and a victim of domestic violence. In granting summary judgment, the district court assumed, for the purpose of considering the question whether the Appellees’ conduct caused Mrs. Macias’s .death, that the Appellants had demonstrated in their opposition to the Appellees’ motion that they, as state actors, had deprived Mrs. Macias of her constitutional rights. The Appellants have timely appealed. We have jurisdiction over the district court’s final judgment pursuant to 28 U.S.C. § 1291 .